RES 16-86Resoluitoon 16-26
A Resolution of the City of Elk River Authorizing Conveyance of Several
Properties Located at the Southeast Corner of US HWY 10 and Jopii i Street
WHEREAS, on November 2, 2015, the City entered into a purchase agreement
(Attachment 11 (the "Agreement"), with E&R Investments, LLC ("B&R") to convey several
vacant properties located at the Southeast corner of US Hwy 10 & Joplin Street NW (the
"Properties"); and
WHEREAS, under the Agreement, the City was required to acquire by eminent domain
several of the Properties that were encumbered by highway easements and obtain the release
of such easements from the State of Minnesota; and
WHEREAS, the City has acquired such parcels by eminent domain and obtained the
release of the highway easements; and
WHEREAS, under the Agreement, the City was also required to acquire one of the
Properties from the County of Sherburne (the "County"); and
WHEREAS, by Resolution No. RS . adopted contemporaneously with this resolution,
the City has authorized the acquisition of the County -owned property; and
WHEREAS, with the above preconditions fulfilled or ready to be fulfilled, the City and
E&R desire to close on the sale of the Properties; and
WHEREAS, prior to closing, the parties must execute an Amendment to the Agreement
(Attachment 2), to reflect certain changes to the Properties' legal descriptions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The Council hereby authorizes the conveyance of the Properties, as legally defined
in Exhibit B of the Amendment to the Agreement (Attachment 2); and
2. City staff and the law firm of Kennedy & Graven, Chartered, are authorized and
directed to take all steps necessary to convey the Properties pursuant to the
Agreement including, without limitation, to execute the Amendment to the
Agreement.
P O N F `A�1 0 11
A ! U N.
Passed and adopted this 19`� day of December 2016.
J. ietz, Mayor
ATTEST:
Tina Allard, City Clerk
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FIRST AMENDED EXHIBIT B TO PURCHASE AGREEMENT
Client: Ebert Construction
Otto Project No. 15-0282
PROPOSED PROPERTY DESCRIPTION FOR PURCHASE FROM CITY
Outlot A, COUNTRY CROSSING BUSINESS CENTER, Sherburne County, Minnesota,
according to the recorded plat thereof.
AND
PARCELIA:
That part of the Southwest Quarter of the Northwest Quarter of Section 32, Township 33, Range
26, Sherburne County, Minnesota, that lies:
1) Easterly of the Northerly extension of the Easterly line of Joplin Street Northwest as
dedicated on the recorded plat of COUNTRY CROSSING BUSINESS CENTER.
AND
2) Southerly of the following described line:
Commencing at the Southeast corner of said Southwest Quarter of the Northwest
Quarter; thence on an assumed bearing of North 00 degrees 51 minutes 20
seconds West, along the East line of said Southwest Quarter of the Northwest
Quarter, a distance of 106.55 feet to the point of beginning of said line; thence
South 60 degrees 38 minutes 01 seconds West, a distance of 23.66 feet; thence
208.19 feet Westerly on a tangential curve concave Northwesterly having a radius
of 2404.33 feet and a central angle of 04 degrees 57 minutes 40 seconds to the
Northerly extension of the Easterly line of Joplin Street Northwest as dedicated on
the recorded plat of COUNTRY CROSSING BUSINESS CENTER and said line
there terminating.
AND
PARCEL 1B:
That part of the Northwest Quarter of the Southwest Quarter of Section 32, Township 33, Range
26, Sherburne County, Minnesota, that lies:
1) North of the North line of Outlot A, COUNTRY CROSSING BUSINESS CENTER,
according to the recorded plat thereof.
AND
2) Easterly of the Northerly extension of the Easterly line of Joplin Street Northwest as
dedicated on the recorded plat of said COUNTRY CROSSING BUSINESS CENTER.
AND
That part of the following described properties:
PARCEL3A:
That part of the West Half of the Northeast Quarter of the Southwest Quarter of Section
32, Township 33, Range 26, Sherburne County, Minnesota, that lies:
1) Southerly of the Westerly extension of the Northerly right of way line of Main
Street as dedicated on the recorded plat of GOSPODOR' S ORONO LAKE
ADDITION.
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2) Northerly of the center line of Old U.S. Highway No. 10.
PARCEL3B:
All that part of the West Half of the Northeast Quarter of the Southwest Quarter of
Section 32, Township 33, Range 26, Sherburne County, Minnesota, lying Southerly of
the center line of Old U.S. Highway No. 10, and Northerly of the Westerly extension of
the Southerly right of way line of Main Street as dedicated in the plat of GOSPODOR'S
ORONO LAKE ADDITION according to said plat on file and of record in the office of
the County Recorder, Sherburne County, Minnesota.
PARCEL4:
All that part of the West Half of the Northeast Quarter of the Southwest Quarter of
Section 32, Township 33, Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the Northwest corner of said West Half of the Northeast Quarter
of the Southwest Quarter; thence South 00 degrees 48 minutes 04 seconds East,
assumed bearing, along the West line of said West Half of the Northeast Quarter
of the Southwest Quarter, a distance of 377.74 feet to the point of beginning of
the land to be hereinafter described; thence North 64 degrees 33 minutes 16
seconds East a distance of 205.29 feet; thence Northeasterly a distance of 192.39
feet along a tangential curve concave to the Northwest having a radius of 513 feet
and a central angle of 21 degrees 29 minutes 15 seconds; thence Northeasterly
and Easterly along a reverse curve concave to the Southeast, to the intersection
with the Westerly extension of the Southerly right of way line of Main Street as
dedicated in the plat of GOSPODOR'S ORONO LAKE ADDITION according to
said plat on file and of record in the office of the County Recorder, Sherburne
County, Minnesota, said curve being tangent to the last described curve and
tangent to said Westerly extension of the Southerly right of way line; thence
North 88 degrees 33 minutes 43 seconds West, along said Westerly extension of
the Southerly right of way line a distance of 548.71 feet to the intersection with
said West line of the West Half of the Northeast Quarter of the Southwest
Quarter; thence South 00 degrees 48 minutes 04 seconds East, along said West
line, a distance of 300.67 feet to said point of beginning.
That lie Northwesterly of the following described line:
Commencing at the Northwest comer of said West Half of the Northeast Quarter of the
Southwest Quarter; thence on an assumed bearing of South 00 degrees 48 minutes 04
seconds East, along the West line of said West Half of the Northeast Quarter of the
Southwest Quarter, a distance of 264.22 feet to the point of beginning of said line; thence
North 65 degrees 05 minutes 40 seconds East, a distance of 132.74 feet; thence North 68
degrees 17 minutes 36 seconds East, a distance of 102.95 feet; thence North 60 degrees
38 minutes 59 seconds East, a distance of 68.90 feet; thence North 54 degrees 35 minutes
15 seconds East, a distance of 50.92 feet; thence North 52 degrees 33 minutes 24 seconds
East, a distance of 21.11 feet; thence 228.34 feet Northeasterly along a tangential curve
concave Southeasterly having a radius of 336.55 feet to the Westerly extension of the
Northerly right of way line of said Main Street and said line there terminating.